Review basic fiduciary standards and duties, and how ERISA Section 404(c) may relieve fiduciaries of these duties for a participant's directed investment.
Most 401(k) and other defined contribution retirement plans allow participants to choose their own investments. When plan fiduciaries allow participants to choose their own investments, the fiduciaries are protected from liability if certain conditions are met. Notwithstanding, in some cases, participants do not take advantage of the opportunity to choose their own investments. The plan fiduciaries are then forced to choose an investment, thus reviving the potential liabilities associated with allegations that the choice was imprudent and resulted in losses in the form of actual investment losses, as well as fees. Many fiduciaries do not understand that they are even making those choices and incurring potential liabilities. There are regulations that provide fiduciaries with protections when they are forced to choose a participant's investments by default. This information will assist fiduciaries in taking advantage of and attaining those protections.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Fiduciary Paradigm
- Who Is a Fiduciary?
- Fiduciary Duties and Standard of Care
- Fiduciary Breaches and Consequences
Default Investments
- Choosing Investments
- Section 404(c)
- Default Investments
- Potential Protections
Other Fiduciary Developments and Issues for Attention, Awareness, and Action
- Fee Disclosure
- Class Action Update
- Lost Participants
- Mapping and Blackout Notices
- Electronic Delivery
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 30, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
John C. Hughes
Hawley Troxell LLP
- Counsel in the office of Hawley Troxell LLP
- Practice devoted to advising fiduciaries and employers large and small nationwide relative to ERISA/benefit plan risks and legal compliance
- Frequent writer, speaker, and quoted authority on ERISA/benefit plan related topics
- Former Editor-in-Chief of 401(k) Advisor, a long time nationally circulated monthly publication on topics pertaining to 401(k) plans
- J.D. degree, California Western School of Law; B.A. degree, State University of New York at Buffalo
- Can be contacted at 208-388-4067 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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